Legal Opinion

Fagan v. Paths Industries, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1949PublishedCited by 8 opinions

1Opinion of the CourtVan Voorhis, J.

These were originally two actions in behalf of each plaintiff which were consolidated. Plaintiff Agnes Fagan owns 122 East 107th Street and plaintiff Helenia Realty Corporation (hereinafter called Helenia) owns No. 120. The action arises out of work connected with the laying of a foundation for the construction of a building by defendants Pathe Industries, Inc., and Pathe Laboratories, Inc., on a plot of land on East 107th Street immediately west of No. 120 and extending to Park Avenue, being 230 by 100 feet in dimensions. The defendant Pathe Industries, Inc., is the owner and Pathe…

2Cases cited8 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Gass v. Agate Ice Cream, Inc.New York Court of Appeals · 1934
  3. Booth v. Rome, Watertown & Ogdensburg Terminal RailroadNew York Court of Appeals · 1893
  4. Bernheimer v. KilpatrickNew York Supreme Court · 1889
  5. Petillo v. Kennedy & Smith, Inc.Appellate Division of the Supreme Court of the State of New York · 1941

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3Cited by8 opinions

  1. Caporale v. C. W. Blakeslee & Sons, Inc.Supreme Court of Connecticut · 1961
  2. USAA Cas. Ins. Co. v. PERMANENT MISSION OF NAMIBIACourt of Appeals for the Second Circuit · 2012
  3. Holdorf v. Oneonta Urban Renewal AgencyAppellate Division of the Supreme Court of the State of New York · 1984
  4. Horn v. StateAppellate Division of the Supreme Court of the State of New York · 1969
  5. Bronxville Palmer, Ltd. v. StateAppellate Division of the Supreme Court of the State of New York · 1971

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